DELHI DEVELOPMENT AUTHORITY Vs. BHARDWAJ BROTHERS

JUDGEMENT

(1.) This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) impugns the order dated 10th February, 2014 of the learned Single Judge of this Court of dismissal in limine of OMP No.175/2014 preferred by the appellant under Section 34 of the Arbitration Act for setting aside of the Arbitral Award dated 1st November, 2013.

(2.) In the light of our recent judgments, (i) State Trading Corporation of India Ltd. Vs. M/s. Toepfer International Asia Pte Ltd. ; and, (ii) Delhi State Industrial & Infrastructure Development Corporation Ltd. Vs. M/s Rama Construction Company , dealing with the scope of interference with an arbitral award under Section 34 and in an appeal under Section 37, we heard the counsel for the appellant in extenso at the stage of admission and reserved judgment.

(3.) The challenge to the arbitral award, before the learned Single Judge as well as before us is on two grounds. Firstly it is contended that the Arbitral Tribunal had no jurisdiction to entertain the claims of the respondent as the same were preferred beyond the time of 120 days prescribed in the contract and the Arbitral Tribunal erred in rejecting the said objection of the appellant. Secondly it is contended that the Arbitral Tribunal erred in assessing the claim of the respondent for price of the items substituted for the items provided for in the contracts at prevailing market rates, applying Sub-Clause (v) of Clause 12 of the Contract, when the same should have been assessed at the rates entered in the current CPWD Schedule of Rates, as provided in Sub-Clause (iii) of the said Clause 12 of the Contract.